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No person shall practice deceit or fraud of any kind in the sale of wood, coal, grain, berries, fruit, vegetables, dry goods, liquids or fluids of any kind, or any other commodity or article of merchandise of any kind, whether sold by weight, dry measurement, linear measurement, liquid measurement or by the basket, box, barrel, crate, case, drum, or in any specified quantity or amount, by selling or offering for sale any such wood, coal, grain, berries, fruit, dry goods, liquid or fluids of any kind, or any other commodity or article of merchandise of any kind, in quantities of less weight or measure or amount represented by the vendor or his or agent or employee upon such sale or offer for sale. No person shall sell or offer for sale any coal, grain, berries, fruit or vegetables in a basket, box, barrel, crate, case or any other utensil which has been altered by the insertion of a false bottom or by the insertion of any paper, excelsior or any substance other than the commodity sold or offered for sale, or altered in any manner whereby the purchaser may be defrauded.
(Ord. 7015. Passed 5-3-37.)
All persons using weights, measures, scales, beams, steelyards, platform scales or other machinery, utensils or receptacles for weighing or measuring any article or commodity intended to be purchased or sold in this City, or in the weight or measurement of which other persons or the public are interested, shall cause such weights, measures, scales, beams, steelyards, platform scales or other machinery, utensils or receptacles used for weighing or measuring the aforesaid to be tested, marked and sealed by the Sealer of Weights and Measures. No person, either by himself or herself or by his or her agent or servant, or the agent or servant of any person, shall sell any article or commodity which is commonly sold by weight or measure unless such article or commodity first, and at the time of such sale or purchase, is weighed or measured by weights, scales, beams, steelyards, platform scales or other machinery, utensils or receptacles that are tested, marked and sealed by the Sealer as provided by this chapter. No person shall expose for sale any commodity, article or articles, which are commonly sold by weight or measure, in any measure, utensil or receptacle which is not tested, marked and sealed as provided by this chapter. No person shall, with intent to use the same for weighing or measuring, alter or permit to be altered, or shall knowingly use or permit to be used after the same shall have been altered, any such weight, measure, scales, beam, steelyards or other instrument or utensil for weighing or measuring after the same has been tested, marked and sealed as provided by this chapter, which by reason of such alteration shall not conform to the standards herein established. No person shall so mark or seal any weight, measure, scales, beam, steelyards, platform scales or machinery, implement, utensil or receptacle which is used or intended to be used for weighing or measuring any articles or commodities to be sold unless such person has been previously authorized by the Sealer of Weights and Measures to do so.
It shall be the responsibility of the owner, user or proprietor of any commercial establishment where weights, measures, scales or similar devices as set forth in the foregoing paragraph are used, to inspect, repair, maintain and keep in good operating order such devices so that they measure accurately, and failure to do so shall constitute a violation of this section.
(Ord. 163-1972. Passed 7-10-72.)
No person, either by himself or herself or by his or her agent or servant, or the agent or servant of any person, shall use or keep to be used for weighing or measuring any article to be bought or sold, or offered or expose for sale, any weights, measures or implements for weighing or measuring which are liable to indicate false or inaccurate weight or measure, or which do not conform to the standards established by law. The Sealer of Weights and Measures is authorized and required to seize and remove all such weights and measures, and, on conviction of any person for using, or keeping to be used, any such weight, measure, implement or appliance for weighing or measuring, the court may adjudge and declare such weight, measure, implement or appliance for weighing or measuring forfeited, and direct the Sealer to destroy the same, which he or she shall forthwith do.
(Ord. 7015. Passed 5-3-37.)
(a) It shall be the duty of the Sealer of Weights and Measures, whenever complaint is made, or whenever he or she has reason to suspect that any person within the City is selling coal short of the proper weight, to require such person to weigh his or her coal in his or her presence, either upon the scales of the person so selling, or upon other scales selected by the Sealer. He or she is authorized to enter, at all reasonable times, the yard or place where coal is sold or weighted, for the purpose of inspection of weights as provided herein. If at any time he or she detects any person selling, or offering for sale, coal at short weight, he or she shall enter a complaint in the proper court.
(b) Any person having any vehicle in charge, loaded with coal furnished on any order or certificate issued by the Police Department, or of the Sealer of Weights and Measures, shall take such vehicle so loaded to the nearest scales, and have the same weighted, in order to ascertain the weight of the coal. If necessary, such person may, in like manner, be required to weigh on the same scales such vehicle, after the coal upon which the same may have been loaded shall have been delivered at its proper destination. In no case shall any of the weighing provided for by this section be done on the scale belonging to or conducted by the owner of such vehicle or the driver thereof, or the owner or furnisher of the coal.
(Ord. 7015. Passed 5-3-37.)
The Sealer of Weights and Measures shall make charges for testing and sealing weights, measures, beams, scales, steelyards, platform scales or other devices used for measuring, according to the following schedule, which charges shall be paid at the time of inspection by the owner or user for all inspections required by the provisions of this chapter:
For the Sealing of | Each |
For the Sealing of | Each |
Computing scales | $ 3.00 |
Counter scales | 3.00 |
Spring scales | 3.00 |
Counter platform scales | 3.00 |
For the Sealing of (Cont.) | Each |
Druggist prescription scales | 3.00 |
Large spring scales | 3.00 |
Platform scales | 5.00 |
Dormant scales | 6.00 |
Overhead beam scales | 6.00 |
Wagon or truck scales | 10.00 |
Weights, ten pounds or over | 3.00 |
Weights, under ten pounds | 3.00 |
Dry measures | 3.00 |
Liquid measures, one gallon or over | 3.00 |
Liquid measures, under one gallon | 3.00 |
Gas pump meters | 5.00 |
Linear measures | 3.00 |
Linear measures, mechanical | 3.00 |
The charge for time used in work of inspectors in special service is fifteen dollars ($15.00) per hour per man.
(Ord. 18-1986. Passed 2-3-86.)
Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.